WATER ACT 1989 - SECT 48L Assignment of water allocation
WATER ACT 1989 - SECT 48L
Assignment of water allocationS. 48L(1) substituted by No. 85/2006 s. 30(2), amended by No. 50/2010 s. 17(1), substituted by No. 28/2014 s. 14.
(1) The Water Holder, by instrument, may assign the whole or a part of a water allocation available under an environmental entitlement (at the time at which the assignment is made) to any person.
S. 48L(1A) inserted by No. 85/2006 s. 30(2), substituted by No. 50/2010 s. 17(2).
(1A) The Water Holder must not assign a water allocation under subsection (1) unless the Water Holder has first obtained the approval of—
(a) the Minister; and
(b) any Authority whose works will be used to deliver the water.
S. 48L(1B) inserted by No. 85/2006 s. 30(2), substituted by No. 48/2021 s. 53.
(1B) An assignment under this section has the effect of assigning water made available under the water allocation to the person to whom the assignment is made from the date specified in the assignment.
S. 48L(2) substituted by No. 50/2010 s. 17(3).
(2) The Minister, in approving an assignment under subsection (1), must have regard to—
(a) any adverse effect that the assignment is likely to have on—
(i) other persons that take water from the same water system; and
(ii) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
(b) whether the assignment is in accordance with any relevant rules made under section 48P.
S. 48M inserted by No. 99/2005 s. 24, amended by Nos 85/2006 s. 31(1)(2) (ILA s. 39B(1)), 50/2010 s. 18.